Stage Details

Legislation -
Override of Veto
(House)
(136-2) -
Feb. 8, 2010

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to override a veto of a bill that amends campaign finance laws and establishes various ethics commissions.

Highlights:

-Establishes the Executive Ethics and Compliance Commission within the Department of State, consisting of 2 members appointed by the Governor, 2 members appointed by the Attorney General, and 2 members appointed by the Comptroller, with powers that include but are not limited to the following (EXC §94) (Sec. 1):

-Adopting, amending, and rescinding rules and regulations that govern the procedures by which individuals file annual financial disclosure statements with the Commission;
-Preparing and filing a report to the Governor and legislature by December 1, 2011, concerning any changes to laws governing such filing requirements;
-Creating guidelines for conducting random reviews of financial disclosure statements; and
-Maintaining its jurisdiction in investigating violations even if the individual separates from an elected office, political party chair, candidacy, or other state service.

-Establishes the Legislative Office of Ethics Investigations for the purpose of assisting the legislature in carrying out investigations and ethics enforcement responsibilities (LEG §80) (Sec. 1).
-Establishes the Joint Legislative Commission on Ethics Standards which shall be responsible for training, educating, and advising on business and professional activities by state officers and employees, financial disclosures, and the code of ethics (LEG §81) (Sec. 1).
-Specifies that any individual under the jurisdiction of the Joint Legislative Commission on Ethics Standards who knowingly and intentionally violates any non-ministerial employment, trade, business, profession ethics laws or financial disclosure requirements shall be subject to a penalty of $40,000 plus the value of any gifts resulting from such violation (LEG §81) (Sec. 1).
-Specifies that any individual under the jurisdiction of the Joint Legislative Commission on Ethics Standards who knowingly and intentionally violates the following ethics laws shall be subject to a penalty of $10,000 plus the value of any gifts resulting from such violation (LEG §81) (Sec. 1):

-Any officer or state employee, member of the legislature, or legislative employee who accepts employment or engages in any professional activity that requires him or her to disclose confidential information gained by his or her official position, especially if such information is disclosed for personal gain;
-Any officer or state employee, member of the legislature, or legislative employee who uses or attempts to use his or her official position to secure unwarranted privileges, including but not limited to, the using property, services or other state resources for private or non-governmental business; and
-Any full time officer or state employee, or any firm or corporation in which such employee holds a substantial portion of the stock of who sells goods or services to any person, firm, or corporation which is licensed or whose rates are fixed by the state agency in which such person is employed.

-Requires individuals who file financial disclosure statements to provide additional information on any non-ministerial employment, trade, business, profession or other occupation he or she has engaged in, and a brief description of such relationships (PBO 73A, subdivision 3, §14) (Sec. 1).
-Requires reporting individuals who receive more than $1,000 in income from consulting services to provide the name and address of each client, the compensation received from each client, and a general description of services rendered (PBO 73A, subdivision 3, §14) (Sec. 1).
-Exempts campaign contributions from gift reporting requirements (POL 73A, subdivision 3, §14) (Sec. 1).
-Establishes the State Board of Elections Enforcement Unit within the State Board of Elections with the authority to investigate complaints and alleged violations of campaign and elections laws, and requires the Enforcement Unit to refer any warranted criminal prosecution matters to the District Attorney (ELN §3-104) (Sec. 1).

Note:

NOTE: A TWO-THIRDS MAJORITY OF MEMBERS ELECTED IS REQUIRED TO OVERRIDE A GOVERNOR'S VETO.

Legislation -
Bill Passed
(House)
(139-2) -
Jan. 20, 2010(Key vote)

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that amends campaign finance laws and establishes various ethics commissions.

Highlights:

-Establishes the Executive Ethics and Compliance Commission within the Department of State, consisting of 2 members appointed by the Governor, 2 members appointed by the Attorney General, and 2 members appointed by the Comptroller, with powers that include but are not limited to the following (EXC §94) (Sec. 1): -Adopting, amending, and rescinding rules and regulations that govern the procedures by which individuals file annual financial disclosure statements with the Commission; -Preparing and filing a report to the Governor and legislature by December 1, 2011, concerning any changes to laws governing such filing requirements; -Creating guidelines for conducting random reviews of financial disclosure statements; and -Maintaining its jurisdiction in investigating violations even if the individual separates from an elected office, political party chair, candidacy, or other state service.

-Establishes the Legislative Office of Ethics Investigations for the purpose of assisting the legislature in carrying out investigations and ethics enforcement responsibilities (LEG §80) (Sec. 1).

-Establishes the Joint Legislative Commission on Ethics Standards which shall be responsible for training, educating, and advising on business and professional activities by state officers and employees, financial disclosures, and the code of ethics (LEG §81) (Sec. 1).

-Specifies that any individual under the jurisdiction of the Joint Legislative Commission on Ethics Standards who knowingly and intentionally violates any non-ministerial employment, trade, business, profession ethics laws or financial disclosure requirements shall be subject to a penalty of $40,000 plus the value of any gifts resulting from such violation (LEG §81) (Sec. 1).

-Specifies that any individual under the jurisdiction of the Joint Legislative Commission on Ethics Standards who knowingly and intentionally violates the following ethics laws shall be subject to a penalty of $10,000 plus the value of any gifts resulting from such violation (LEG §81) (Sec. 1): -Any officer or state employee, member of the legislature, or legislative employee who accepts employment or engages in any professional activity that requires him or her to disclose confidential information gained by his or her official position, especially if such information is disclosed for personal gain; -Any officer or state employee, member of the legislature, or legislative employee who uses or attempts to use his or her official position to secure unwarranted privileges, including but not limited to, the using property, services or other state resources for private or non-governmental business; and -Any full time officer or state employee, or any firm or corporation in which such employee holds a substantial portion of the stock of who sells goods or services to any person, firm, or corporation which is licensed or whose rates are fixed by the state agency in which such person is employed.

-Requires individuals who file financial disclosure statements to provide additional information on any non-ministerial employment, trade, business, profession or other occupation he or she has engaged in, and a brief description of such relationships (PBO 73A, subdivision 3, §14) (Sec. 1).

-Requires reporting individuals who receive more than $1,000 in income from consulting services to provide the name and address of each client, the compensation received from each client, and a general description of services rendered (PBO 73A, subdivision 3, §14) (Sec. 1).

-Establishes the State Board of Elections Enforcement Unit within the State Board of Elections with the authority to investigate complaints and alleged violations of campaign and elections laws, and requires the Enforcement Unit to refer any warranted criminal prosecution matters to the District Attorney (ELN §3-104) (Sec. 1).